Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-12-23
SUPERIOR COURT.
Judge ". p. whitshouse. Presiding.
A. c. 0rIs. Clerk.
c. r. McFAppEN, Sheriff.
L. 7. CARLETON, County Attorney.
4. A. SHALL, Stenographer.

THURSDAY, Dec. %.
The case of State VS.. Harrington was re
sumed this morning.
Fred +. Beane. called by the government
testified that he appeared as counsel for the
school authorities at the preliminary hearing
before the lower court, and that he there
told the boy in substance, that he had righ
to plead guilty, not guilty or say nothing.
That took place after the boys statement had
been reduced to writing at the fire inquest
Witness said the boys written statement had
been handed to him and he asked the boy il
it was his statement, and he said it was.
Witness then asked him if any influence had
been used upon him to obtain it, and he said
that there had not been; also if any threats
had been made or a reward offered, and he
said no; the boy also said in answer to a
question that no inducement had been held
out to him to make the statement.
l.. ID. Carver, the justice before whom the
accused was arraigned, was called by the
government and substantially corroborated
the last witness.
Ira NJ. True, state detective, called by the
government, testified substantially that the
respondent admitted that he set the fire in
a pile of rags in the basement of the build
ing, and that no one was connected with him
in the act; that the confession took place in
Portland in the presence of Detective Hutch
ings; that this admission was made directly
after he had made the same admission to
Hutchings; that he asked the boy if he had
been promised or threatened in any way and
the boy replied there was nothing of the
kind; that he set the fire because Mr.. Jones
had set him back in his studies; that he had
been reading dime novels. Witness was in
the store at Vassalboro and heard the boy
say in the presence of others, in snswer to
a question, that no inducements had been
held out to him to confess, nor had there
been threats made to him. In answer to a
question by witness the boy said he had been
used well by the officers.
Cross examination.-I have not worked
for reward in the case, but for daily pay.
Have heard since got through that a re-
ward was offered, but did not work for it
and have not applied for it. Did not tell the
boy would see him through all right, and if
had 4. man who would do it would dis
charge him. Respondent did not ask me
what the penalty was.
~ I.l
written statement of boy made before the
sheriff's jury, under objection by defendants
council. (The statement is substantially
confession in detail of the charge.)
Chas. IL. Jones, recalled testified that the
boy told him he did not take light into the
basement as it was bright moonlight night.
The boy said he set the fire in pile of rags
which witness recalled as being some burlap
that had come around some furniture and
which laid against partition in the west side
of the basement The fire when the witness
first saw it came through the east end of the
seminary building, burning that end of the
building off first. The moon fulled Sept.
2nd. 1t was very clear night.
Cross examination--I have stated that the
fire could not have been set where the boy
said it was, and gave my reasons. l said
that had the fire heen set at that place where
the burlaps were it would have burned
through into the school room instead of burn
ing off the east end first
SRe-direct-I made that statement before
the sheriff's jury at the time the boy made
low it all through and see just how it came
except the one point of where the fire was
set. l said it could not have been set at that
point for if it had it would have burned up
on the other end of the building, or a little
west of the centre. | questioned the 10y
and he insisted that was where he set the
fire.
Counsel for the State placed in evidence
the certified record of the lower court, show
ing that the respo ndent there pleaded guilty,
which was received under objection.
This closed the testimony on the part of
the government, and Mr.. Heath opened the
case of the respondent. He claimed that the
alleged statements of the defendant had first
been obtained by the officers through unlaw-
full influences, and that these influences OPP
Grated upon the mind of the boy in his sub
sequent statements that the place indicated
in the confession as to where the fire was set
was entirely irreconciable with the progress
of the flames when first discovered, and was
a very important fact in the case.
Upon the coming in of the court in the af
ternoon, Mr.. Heath announced that the re-
spondent desired to retract his plea of moi
guilty, which the defendant accordingly did.
He then pleaded not guilty to the indictment
for burning the gymnasium building in tho
night.
Mr.. Heath then addressed the court in be
half of the boy, urging his tender years, the
want of early training and the absence of an,
malicious intent. His motive was to escape
tho rastraiptz of schnoI and return tn bis for